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clam up and ask for an attorney. he's already been read his miranda rights by the fbi. but if he does have some sort of a political issue, some sort of a grudge that he wants people to know about, he may feel it's in his best interest to talk and that is certainly what law enforcement is hoping. they still want to find out are there other suspects, are there people who were accomplices in one way or another, either at helping to plan the bombing, helping plan the subsequent activities, helping plan the manufacture of this device. they want to know why these people did this and more importantly, how they went about doing it, any other people of foreign or domestic, they were in contact with and if he starts to talk, that will obviously help the investigation tremendously. >> anderson, you've done a great job today. thank you very much for now. i want to turn to cnn's brian todd in watertown, who shot exclusive video of the boat while the bombing suspect was still inside it. brian, a quite dramatic end game here to what has been an appalling few days for the people of watertown in parti
to not or blank or turned his head. if it was given prior to the reading of his miranda rights, it would probably be unlikely they would use that against him in court. if it was used voluntarily afterwards, likely he would. about the fact he has lawyered up, most likely we could send the information probably came prior to his reading of the miranda rights. we don't know that right now. >> thank you very much indeed. an extraordinary court session took place inside his hospital room. a transcript of that hearing tonight that tells us about the accused bomber and the case. jason, tell us what happens, it is fascinating. >> it really is and it is an nine page transcript we got hold of. what i can tell you is this proceeding lasted about ten or 15 minutes, started about 11:30 this morning. all of the key figures came into the hospital room and all of them introduce themselves. you had the u.s. judge there and attorneys from both sides. a court reporter there as well. and everyone present wanted to make sure that he knew exactly what was going on, know about the charges that he is facing. let me read
negotiation with the fbi he gives himself up. >> right. >> they arrest him. they don't read him his miranda rights. explain. >> i'm not great on this. my understanding with the fbi and the federal authorities is that it's a terrorist act that they don't get certain rights that the rest of us would be afforded. they wanted to make sure that if we did speak with him that he wouldn't be given his miranda rights and something else kicked in. he was just -- >> you were told this in advance. if you found the guy, your officers are not going to read him his miranda rights. >> this never played out. there was no interviewing at the scene. he needed aid. >> he was in no position to talk. >> exactly. >> he was a very weak -- did he mumble anything? did he say anything? did he give any political statements? >> my understanding is he didn't have anything to say. i don't know for sure. >> what about during the 20-minute negotiation with the fbi when they were working out his surrender? did he make any statements that could be useful? >> no. i'm not aware of any statements. i think it was more he was fin
be charged as early as today. investigators have not read him his miranda rights unwhat they call the public safety exception clause. so they may use any information he reveals as evidence in court. let's bring in christopher tritico, he defended the oklahoma city bomber, timothy mcveigh. christopher, thanks very much for coming in. he is a u.s. citizen. he was -- he received his naturalized citizenship last september 11th, of all dates. he's obviously in a hospital. crime was committed in the united states. if they don't read him his miranda rights right away, you okay with that? >> well, look. i think the public safety exception is being greatly and overly expanded in this instance. the public safety exception as the supreme court laid out is for an instance when an officer walks up on a situation and sees an empty holster and says where's your gun. that's to prevent an imminent threat from happening right then. what they are doing now is really expanding that public safety exception to say really the fifth amendment applies when they say it does and i don't think the supreme court is goin
-called public safety exception to the miranda rule where for some period of time, it's not entirely clear how long, a suspect can be questioned without miranda warnings and that apparently is what's happening here. again, it's complicated somewhat by the fact that we didn't know exactly what tsarnaev's medical condition is and how many questions he can answer. apparently he's answering some questions in writing. so i don't really see lindsey graham's proposal as all that differentwhat's going on now. he seems to suggest a longer process of questioning him, but the obama administration has also committed to some period of questioning. now, this all assumes that he's willing to answer questions. can he always samp simply say it answering questions and there is no way either under enemy combatant rules or in the criminal justice system to force someone to answer questions who doesn't want to answer them. >> the argument i guess is under this limited questioning period before he is formally advised of his miranda rights, he has and right to an attorney, doesn't have to answer any questions. there
was provided before or after that judge/magistrate was there and r read him his miranda rights? the right to remain silent and the right to have an attorney? >> sources have indicated to us that was part of a questioning that they did under the -- fbi agent does under a national security exemption, before he was assigned counsel. they had the ability in the interest of public safety exception to be able to ask questions, were there additional coconspirators, where and were there additional explosives. the source of things you want to know immediately in order to protect the public. presumably base wanted on what we are hearing, those are the questions they asked and the kinds of responses prior to the first appearance yesterday. >> that would fit in with the public safety exception in the there a in providing the miranda rights to this criminal defendant as he now is, charges have been read to him. fran, we'll stay in close touch with you, fran townsend. much more from boston in just a moment. other news that we're watching as well. the fbi, back in washington, up on capitol hill, lawmake
question him about his guilt or innocence, he's entitled to his miranda rights and a lawyer. but we have the right under our law -- i've been a military lawyer for 30 years, to gather intelligence from enemy combatants. and a citizen can be an enemy combatant. he is not eligible for military commission trial. i wrote the military commission in 2009. he cannot go to military commission. >> so a civil trial no matter what. right. >> in my view a civil trial, it should be a federal trial. >> right. and senator schumer, i know you agree this should go to a federal court. i want to quick read you something that one of your colleagues said. this is from senator carl levin, the chairman of the armed services committee. and in response to senator graham and others saying this man needs to be treated as a terrorist, this is what senator levin said. i am not aware of any evidence so far that the boston suspect is part of any organized group let alone al qaeda, the taliban or within of their affiliates. in the absence of such evidence, i know of no legal basis for his detention as an enemy combatan
Search Results 0 to 7 of about 8 (some duplicates have been removed)